If Iwas fired from my job, denied unemployment,and my appeal wasdenied, is there anything else that I can do?

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If Iwas fired from my job, denied unemployment,and my appeal wasdenied, is there anything else that I can do?

Should I consult with an employment law attorney or I am up the creek without a paddle? In Montgomery County, PA.

Asked on September 9, 2010 under Employment Labor Law, Pennsylvania

Answers:

Timothy David Belt / The Belt Law Firm

Answered 13 years ago | Contributor

You do have additional appeal rights, and depending on the facts surrounding your termination, an attorney may be able to help you in such an appeal.  The practical problem is more what the record currently contains.  Depending on how far along you are in the appeal process, the attorney may be forced to construct his arguments based upon the existing record without the opportunity to present additional evidence.  I do handle unemployment cases, and I always prefer to be involved early in the case.  This allows me to present the evidence that will help my client and attempt to exclude the more harmful evidence.  When I come into a case later in the appeal process, my options are much more restricted.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

In Pennsylvania, you had to have been let go of your job throguh no fault of your own.  If you were fired based on fault, you most likely will be denied unemployment.  You may wish to consult with a labor lawyer, but understand that the lawyer's job will be limited in what he or she can accomplish for you legally if you have not met the initial criteria for unemployment compensation eligibility. 

If you have not been fired due to fault, have you considered filing suit against the company? Keep in mind that most states do follow employment at will statutes but you would have had to be essentially discriminated against and thus lost your job as a result thereof to maintain this type of action against the employer directly. 


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